The divergent approaches of English and South African courts, when considering actuarial expert testimony in the matter of an award for damages for future loss of earnings after a damage-causing event

Abstract:

This paper analyses the driving forces behind the willingness of South African courts to hear
actuarial expert testimony in even the most simple of cases, in contrast to the more circumspect
approach of the English courts, when assessing the damages arising out of future loss of earnings
following a damage-causing incident. The analysis may well add insight to members of other
professions and scientific communities that provide expert testimony to the courts. It is argued that
English substantive law of damages and those influenced by its application have something to gain
from a consideration of the approach in South Africa.

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